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Allahabad High Court

Vijay Pratap Shukla And 4 Others vs State Of U.P. Thru. Prin. Secy. Home ... on 17 November, 2023

Author: Saurabh Lavania

Bench: Saurabh Lavania





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:75607
 
Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 11133 of 2023
 

 
Applicant :- Vijay Pratap Shukla And 4 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another
 
Counsel for Applicant :- Pankaj Verma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.
 

Sri Girish Kumar Tiwari, Advocate has filed his Vakalatnama on behalf of opposite party No.2 (complainant), which is taken on record.

Sri Girish Kumar Tiwari, Advocate appearing for the opposite party No.2 as also Sri Grijesh Diwvedi, learned A.G.A. submitted that applicants are having statutory remedy by means of filing a revision under Section 397 of Cr.P.C., as such, present application under Section 482 of Cr.P.C. is not liable to be entertained by this court.

The aforesaid remedy is not disputed by the learned counsel for the applicants.

Taking note of aforesaid as also the judgment of this Court passed in U/S 482/378/407 No.5743 of 2013 (Kartar vs. State of U.P. And Another) decided on 02.09.2014, this Court is not inclined to entertain present application. Accordingly, present application is disposed of with liberty to applicants to avail the remedy as available under the law.

It is made clear that this Court has not examined the case of either party on merits and the Court concerned shall be free to decide the matter strictly in accordance with law.

Order Date :- 17.11.2023 Vinay/-